Shaffer v. Morgan

OPINION AND ORDER

The sole issue in the case at bar is the effect of the dismissal of a criminal indictment “with prejudice.”

Appellant, Shaffer, is before this Court pursuant to CR 76.36(7)(a) which provides for a direct appeal to the Supreme Court “as a matter of right from a judgment or final order in any proceeding originating in the Court of Appeals.” Id.

The appellant petitioned the Court of Appeals, in an original action, for a writ of prohibition and/or mandamus ordering the respondent to prohibit the real party in interest, the Commonwealth of Kentucky, from prosecuting appellant in the…